Summering v. Berger Realty, Inc.

This is an action of tort against Berger Realty, Inc. (hereinafter called Berger), owner of a building at Congress Street, Boston, and against Spaulding-Moss Company (hereinafter called Spaulding), a tenant on the second floor of the building, for personal injuries sustained by the plaintiff when he fell down an elevator shaft on the premises on December 7, 1956.

The case is here upon the exceptions of both defendants to the denial of their motions to direct verdicts in their favor, to the admission of certain testimony, and to por-tians of the charge. Berger also took exception to the refusal…